Terms of Service

2.1 Service Description

The Service is designed to provide self-represented litigants and other authorized users with technological tools for case management, document organization, and information processing, including:

• Electronic storage and organization of legal documents;
• Calendar and deadline tracking;
• Optional AI-powered analysis, research, and content generation;
• Draft document generation tools;
• Recording and automated transcription of audio and video you provide;
• Optional connections to third-party email, calendar, and file-storage services; and
• Where available, submission of documents for electronic filing and service of process through a third-party filing provider (Section 7.3).

2.2 Limitations on Service

The Service is for informational, organizational, and administrative purposes only. It DOES NOT constitute:

• Legal advice or opinions;
• Legal representation;
• Professional legal services;
• An attorney-client relationship.

Users acknowledge that reliance upon content generated by the Service is at their sole risk.

The Company does not verify the accuracy or completeness of the information you provide and is entitled to rely on it as provided. Deadline calculations, calendar entries, reminders, and similar features are organizational aids computed from the information and rules available to the Service; they may be wrong or incomplete, and you are solely responsible for confirming every deadline against the court's orders, the applicable rules, and the court itself, and for meeting it.

The Company does not guarantee any outcome in any legal matter, does not file or serve anything on your behalf except as you expressly direct through the features described in Section 7.3, and does not undertake to identify every deadline, error, or risk in your case.

3.1 User Eligibility

You must be at least 18 years old and possess legal capacity to enter into binding contracts.

3.2 Account Registration and Security

You must provide accurate registration information and keep it current. You may hold one account, and each account or seat is for use by a single individual. You agree to maintain the confidentiality of your credentials and accept responsibility for all activity under your account, including activity by any person you allow to use it, whether or not you authorized the specific activity. You must notify us immediately of unauthorized access. The Company may reset credentials, require re-authentication, or require additional verification where it reasonably believes an account is compromised.

5.1 User Content Responsibility

You retain ownership of content you upload, enter, record, or otherwise provide to the Service ("User Content"). You represent and warrant that you own or have every right, license, consent, and permission necessary to provide your User Content to the Service and to have it processed as this Agreement describes, including any consent required from other people whose personal information, communications, images, or voices your User Content contains; that your User Content does not violate this Agreement, any law, any court order, protective order, or sealing order, or any third-party right; and that no confidentiality obligation prohibits you from disclosing it. The Company has not advised you, and does not advise you, on what consents or permissions are required in your jurisdiction.

5.2 Attorney-Client Privilege and Confidentiality

5.3 Prohibited User Content

You agree not to upload content that is illegal, infringing, malicious, defamatory, obscene, or promotes hatred/violence.

5.4 Limited License to User Content

You grant the Company a limited license to use User Content solely to provide, maintain, and improve the Service, transmit to authorized providers (like Anthropic), create backups, and comply with laws.

We do not claim ownership of your content.

5.5 Feedback

If you send the Company suggestions, ideas, or other feedback about the Service ("Feedback"), you grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and commercialize the Feedback for any purpose without obligation or compensation to you. Feedback does not include your User Content.

5.6 Recordings and Transcripts

The Service can record, upload, and transcribe audio and video, including hearings held by video conference. You are solely responsible for determining, before you make a recording, whether it is lawful and permitted, including under the consent-to-record laws of every jurisdiction involved, the rules of the court, and any order in your matter, many of which prohibit or restrict recording court proceedings. The Company does not determine whether any recording is permitted. Transcripts are generated automatically by third-party speech recognition and may misidentify speakers, omit words, or contain errors; they are not certified transcripts and may not be accepted by a court as the record of a proceeding.

6.1 Nature of AI-Generated Content

The Service uses artificial intelligence to generate summaries, drafts, analyses, research, transcripts, and responses ("Output"). Output is produced automatically by machine-learning models from your inputs and User Content; it is not written, reviewed, or approved by an attorney or by any person before it reaches you.

As between you and the Company, you own the Output the Service generates for you, subject to the Company's and its licensors' rights in the Service and in the models that produce it. Because Output is generated from patterns common to many users, the Company does not warrant that Output is unique to you, and other users may receive identical or similar Output. Nothing in this Agreement gives you any right in Output generated for anyone else.

6.2 Disclaimers

AI-Generated Content:

• Is NOT legal advice;
• Is NOT a substitute for counsel;
• Has NOT been reviewed by an attorney;
• May contain errors, omissions, or statements of law or fact that are inaccurate, incomplete, outdated, or not applicable to your jurisdiction, court, or matter;
• May describe, quote, or cite statutes, rules, cases, and other authorities inaccurately, or cite authorities that are no longer current, so every citation, quotation, and factual statement must be checked against the primary source before you rely on it;
• May not be suitable for your specific matter;
• Is not a substitute for reading your own documents, the applicable rules, and the court's orders.

6.3 User Responsibilities

You are solely responsible for reviewing and verifying all Output, for deciding whether and how to use it, for everything you file, send, or say in reliance on it, and for consulting with counsel before using it in any legal capacity. You must not present Output to any court or person as having been prepared or reviewed by an attorney, and you are responsible for making any disclosure of the use of artificial intelligence that a court rule, order, or law requires of you.

6.4 Third-Party AI Processing

By using AI features, you acknowledge that your User Content and prompts will be transmitted to and processed by the Company's AI service providers, including Anthropic, PBC for language models and the speech-recognition provider identified in our Privacy Policy for transcription, according to their terms and privacy policies. The Company does not use your User Content or Output to train artificial intelligence or machine learning models.

6.5 Beta and Preview Features

The Company may label features as beta, preview, experimental, or early access, or otherwise make them available before general release ("Beta Features"). Beta Features are provided for evaluation, may contain errors or defects, may be changed, suspended, or discontinued at any time without notice, and may not be supported. Beta Features are provided "as is," the disclaimers in Section 10 and the limitations in Section 11 apply to them in full, and you use them at your own risk.

7.1 Plans, Credits, and Refunds

The Service offers a free plan and paid subscription plans — Pro ($39.99/month), Premium ($89.99/month), and Paralegal ($249/month) — all powered by a credit-based system for AI features. Founders Pass holders retain their lifetime access as originally purchased. Current pricing is available at prosei.ai. Fees are billed through Stripe. Subscription fees are eligible for a full refund of your most recent subscription payment within 7 days of a monthly plan's start or renewal date, or within 14 days for an annual plan, provided you have used no more than half of one month's included AI credit allotment. This window runs from the start of the billing period you are in; upgrading mid-cycle does not restart it. That allowance is half of a single month's allotment on every plan, including annual plans, which receive a full year of credits at the start of the term. Taking a refund cancels your subscription immediately rather than at the end of the period. If you fall outside these conditions you may still request a refund at support@prosei.ai, and we will review it. Credit pack purchases are non-refundable, including unused credits. We reserve the right to modify pricing with reasonable notice (30 days). You may cancel your subscription at any time; unless you take a refund, access continues until the end of your billing period.

7.2 Taxes and Failed Payments

Prices are stated in United States dollars and exclude sales, use, value-added, goods and services, and similar taxes, which will be added where the Company is required to collect them. You are responsible for any such taxes other than taxes on the Company's income. If a payment fails, the Company may retry it and may suspend paid features or downgrade your account until the amount due is paid; you remain responsible for amounts owed for any period in which you had access to paid features. If you dispute a charge with your card issuer or bank, the Company may suspend the account concerned while the dispute is open and may remove credits that were purchased with the disputed charge.

7.3 Court Filing, Service of Process, and Court Fees

Where available, the Service lets you submit documents for electronic filing with a court and arrange service of process through a third-party filing provider, InfoTrack US, Inc. (the "Filing Provider"), which in turn uses the court's electronic filing system. When you place a filing or service order:

• You contract with the Filing Provider for that order, subject to its terms, and you pay court filing fees, service fees, and the Filing Provider's fees to the Filing Provider at the time of the order. Those fees are set by the court and the Filing Provider, not by the Company, may change without notice, and are not covered by the refund terms in Section 7.1. Any refund of a fee for a rejected, cancelled, or failed order is determined by the court and the Filing Provider.
• Filing and service features, including any AI-assisted preparation of an order, can prepare actions that incur fees and have legal effect. No order is submitted until you review it and expressly confirm it, and before you confirm you are responsible for checking that every party name, case number, court, document, recipient, and fee shown is correct.
• Submission to the court's electronic filing system is not acceptance by the court. The clerk may reject a filing, and a rejected or delayed filing may cause you to miss a deadline. You are solely responsible for checking the status of each order, for confirming with the court that a filing was accepted, and for meeting every deadline, whether or not the Service or the Filing Provider reports a status to you.
• The Company is not responsible for the Filing Provider's services, for the court's electronic filing system, or for any rejection, delay, error, or loss in either, and the Company does not prepare, review, or vouch for the legal sufficiency of anything you file or serve.

8.1 Availability

We do not guarantee uninterrupted access. The Service may be unavailable due to maintenance, outages, or force majeure events. The Company may suspend access to all or part of the Service for scheduled or emergency maintenance, updates, or a security concern, with notice where practicable.

8.2 Changes to the Service

The Company may add, change, or discontinue any feature or functionality of the Service, including any plan, at any time. Where a change materially reduces the core functionality of a paid plan, your remedy is to cancel under Section 13.1, and Section 7.1 governs any refund. The Company may collect and analyze usage data about the Service for billing, security, and product improvement, as the Privacy Policy describes.

8.3 Third-Party Services and Integrations

The Service interoperates with services operated by others, including Google (Gmail, Calendar, and Drive), Microsoft (Outlook), the Filing Provider, and the AI service providers described in Section 6.4 ("Third-Party Services"). Connecting a Third-Party Service is optional, and your use of it is governed by its own terms and privacy policy. When you connect a Third-Party Service, you authorize the Company to access and act on that account to the extent needed to provide the feature you enable, and you are responsible for that authorization and for revoking it when you no longer want it. The Company does not control, endorse, or warrant any Third-Party Service and is not responsible for its availability, accuracy, security, or handling of your data, or for any loss it causes, including by changing, suspending, or ending the Company's access to it. Links to third-party websites are provided for convenience only.

9.1 Prohibition Against Cloning, Scraping, and Automated Data Extraction

9.2 DMCA Compliance

The Company responds to notices of claimed copyright infringement that comply with the Digital Millennium Copyright Act. If you believe material on the Service infringes your copyright, send a notice to the Company's designated agent at legal@prosei.ai or support@prosei.ai, or by mail to Prosei AI LLC, Attn: DMCA Agent, 1309 Coffeen Ave STE 18418, Sheridan, WY 82801, containing: (a) your physical or electronic signature; (b) identification of the copyrighted work you claim is infringed; (c) identification of the material you claim is infringing and information reasonably sufficient to let the Company locate it; (d) your address, telephone number, and email address; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act for the owner. The Company may remove or disable access to the material, notify the user who provided it, and terminate the accounts of repeat infringers. A user whose material was removed may send a counter-notice meeting the requirements of 17 U.S.C. § 512(g)(3) to the same address.

9.3 Monitoring and Enforcement

We employ technical measures to detect unauthorized scraping or cloning. Violations will be investigated and prosecuted.

13.1 By User

You may close your account at any time from your account settings or by contacting us. Cancelling a subscription does not close your account, and closing your account does not by itself entitle you to a refund except as Section 7.1 provides.

13.2 By Company

The Company may suspend or terminate your account, or restrict access to any feature, with notice where practicable, if: (a) you breach this Agreement or the Company reasonably believes you have; (b) a payment fails or a charge is disputed and remains unresolved; (c) the Company is required to do so by law, a court order, or a Third-Party Service provider; (d) continued access presents a security, legal, or operational risk to the Service or to other users; (e) your account has been inactive for 24 months; or (f) you, or anyone acting for you, harasses, threatens, or abuses the Company's staff or contractors, verbally or in writing. The Company will use reasonable efforts to restore access suspended under (b) or (d) once the cause is resolved.

13.3 Effect of Termination

Upon termination, your right to use the Service ends and any amounts already accrued remain payable. You may export your documents and account data using the Service's export features before your account closes, and the Company encourages you to do so. Your data is deleted within 30 days after termination, except that copies may persist in routine backups for a limited period until overwritten, and the Company may retain information it is required to keep by law or needs to resolve disputes, enforce this Agreement, or prevent fraud; retained information remains subject to the Privacy Policy. Documents already submitted to a court or to the Filing Provider are outside the Company's control and are not deleted by closing your account. Termination does not waive any right or claim that accrued before it.

14.1 Informal Dispute Resolution

Before starting an arbitration or a court proceeding, the party raising a dispute must first send the other party a written Notice of Dispute. This requirement applies to the Company exactly as it applies to you.

You send a Notice of Dispute by email to legal@prosei.ai or support@prosei.ai, or to any other address the Company publishes in Section 17, or by mail to Prosei AI LLC, Attn: Legal, 1309 Coffeen Ave STE 18418, Sheridan, WY 82801. An emailed notice is effective on the date sent; a mailed notice is effective on its postmark date. The Company sends its Notice of Dispute to the email address on your account.

A Notice of Dispute needs to state your name, the email address on your account, a short description of the dispute, and the relief sought. Nothing further is required, and an incomplete or informal notice does not forfeit any claim.

For 60 days after a Notice of Dispute is sent, the parties will attempt in good faith to resolve the dispute informally. After 60 days, either party may commence arbitration or, where Section 14.5 applies, proceed in court. Failure to comply with this Section 14.1 is not a bar to relief and does not affect the jurisdiction of any court or arbitrator; the only remedy for non-compliance is a stay to allow the process to be completed. This Section never prevents you from filing in small claims court or from seeking emergency injunctive relief.

14.2 Agreement to Arbitrate

Except for the claims described in Section 14.5, and unless you opt out under Section 14.6, you and the Company agree that any dispute arising out of or relating to this Agreement or to the Service, including its formation, breach, termination, enforcement, or validity, will be resolved by binding individual arbitration rather than in court.

The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures where no claim or counterclaim exceeds $250,000, and under its Comprehensive Arbitration Rules and Procedures otherwise. If you are a consumer, the JAMS Consumer Arbitration Minimum Standards also apply, and where they give you more protection than those Rules or than this Section, the Standards control. All are published at jamsadr.com. Any individual account holder is presumed to be a consumer, and the Company bears the burden of showing otherwise. A single arbitrator will decide the dispute and may award, on an individual basis, any relief a court applying the same law could award, including statutory damages and statutory attorney fees where a statute provides for them. Judgment on the award may be entered in any court with jurisdiction.

Section 14.11 governs arbitration demands filed against the Company in coordinated volume, and states the procedures and the fee schedule that the parties agree in writing to apply to them.

If JAMS declines to administer an arbitration under this Section for any reason, the parties will try in good faith to agree on another established administrator applying substantially equivalent consumer arbitration rules. If no agreement is reached within 30 days, or if no such administrator will accept the dispute, this Section 14.2 does not apply to that dispute and either party may bring it in court under Section 15. Where the decline is attributable to the Company, including a failure to pay fees that the applicable rules or Standards allocate to it, Sections 14.7 and 14.8 do not apply to that dispute either.

The arbitrator, and not a court, decides questions about the interpretation, scope, and enforceability of this Section 14, with two exceptions: a court decides whether the Class Action Waiver in Section 14.7 is enforceable, and a court decides any dispute about whether you validly opted out under Section 14.6.

14.3 Where Arbitration Takes Place

If you are a consumer, any in-person hearing will be held in the county or equivalent local area where you live, unless you agree otherwise after the dispute arises. You may instead elect to have the arbitration decided on documents alone or by telephone or video conference where the applicable rules permit.

Arbitration under this Section is seated in the State of Wyoming for purposes of the governing arbitration law. That seat does not change where a hearing is held under the preceding paragraph.

14.4 Arbitration Fees and Costs

If you are a consumer, you will pay no more to start an arbitration under this Section than the JAMS Consumer Arbitration Minimum Standards require of a consumer, or than it would cost you to file the same claim in a court where you live, whichever is less. The Company pays the administrative fees and arbitrator compensation that those Standards and the applicable JAMS rules allocate to the business, and will pay any difference described in this paragraph directly to the administrator.

Each party otherwise bears its own attorney fees and costs, except that the arbitrator may award fees and costs to you where a statute allows it. Nothing in this Section 14.4 reduces any greater protection the applicable arbitration rules give you; where those rules and this Section differ, whichever is more favorable to you applies.

14.5 Exceptions to Arbitration

This Section 14 does not apply to, and neither party is required to arbitrate: (a) any individual claim brought in a small claims court that has jurisdiction over it, so long as it remains an individual claim in that court; (b) any claim seeking injunctive or other equitable relief for actual or threatened infringement or misuse of intellectual property, including the conduct described in Section 9.1; and (c) any claim for public injunctive relief, to the extent applicable law provides that such a claim cannot be waived or compelled to arbitration.

You may bring an individual small claims action in the small claims court serving the place where you live, and the Company will not seek to move it into arbitration.

14.6 Your Right to Opt Out of Arbitration

OPTING OUT IS FREE AND DOES NOT AFFECT YOUR ACCOUNT. IT DOES NOT CANCEL THE JURY TRIAL WAIVER IN SECTION 14.8.

You may opt out of Sections 14.2 and 14.7 by notifying the Company within 30 days after you first accept these Terms, or, if you already had an account when this version took effect, within 90 days after the effective date shown at the top of these Terms. Send your opt-out by email to legal@prosei.ai or support@prosei.ai with "ARBITRATION OPT-OUT" in the subject line, or by mail to Prosei AI LLC, Attn: Legal, 1309 Coffeen Ave STE 18418, Sheridan, WY 82801. It needs to state your name and the email address on your account; nothing further is required.

An emailed opt-out is effective on the date sent and a mailed one on its postmark date. A copy of that email or a mailing receipt is sufficient proof that you opted out. If you opt out, Sections 14.2 and 14.7 do not apply to you, the rest of this Agreement continues to apply, and claims proceed under Section 15. The Company will not terminate, suspend, restrict, or otherwise treat your account differently because you opted out.

14.7 Class Action Waiver

YOU AND THE COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding. If this Section 14.7 is found unenforceable as to a particular claim, that claim is severed from arbitration and proceeds in court under Section 15, and the remainder of Section 14 continues to apply to every other claim. This Section 14.7 is not severable from Section 14.2: if a court finds this Section 14.7 unenforceable in its entirety, Section 14.2 is unenforceable as well.

14.8 Waiver of Jury Trial

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING BETWEEN YOU AND THE COMPANY.

This waiver applies whether or not a dispute is arbitrated, and it continues to apply if you opt out under Section 14.6. It does not apply where the law of the jurisdiction hearing the claim does not permit a pre-dispute jury trial waiver, and it does not apply to a claim brought in small claims court.

14.9 Mandatory Local Consumer Law

Nothing in this Section 14 deprives a consumer of the protection of any provision of the law of the country, province, state, or territory where that consumer habitually resides that cannot be varied by agreement.

To the extent the mandatory law of a consumer's place of habitual residence does not permit Sections 14.2, 14.7, or 14.8 to be enforced against that consumer, the Company will not seek to enforce them against that consumer, and the affected dispute proceeds under Section 15.3. This applies to the extent that law so requires and no further.

14.10 Severability of This Section

Except as Section 14.7 provides, if any part of this Section 14 is found unenforceable, that part is severed and the rest of this Section 14 continues in effect. A holding that any part of this Section is unenforceable as to one claim, one user, or one jurisdiction does not make it unenforceable as to any other claim, user, or jurisdiction. This Section 14 survives termination of this Agreement and of your account.

14.11 Coordinated or Mass Filings

This Section applies only where 75 or more arbitration demands are filed against the Company by, or with the coordinated assistance of, the same counsel or the same organization. You and the Company agree in writing, as those procedures require for their application, that the JAMS Mass Arbitration Procedures and Guidelines and the JAMS Mass Arbitration Procedures Fee Schedule then in effect govern those demands.

Those demands may be administered in batches of up to 50, assigned in the order the demands were filed. One arbitrator may be appointed for a batch and will decide every demand in that batch individually, on its own record and its own facts. No award in any batch is binding on, admissible against, or precedent for any other claimant, and no claimant is required to accept an outcome reached in another claimant's case.

Every statute of limitations and every contractual limitations period is tolled for each demand from the date it is filed until that demand is assigned to a batch and heard, so that no claimant loses a claim by waiting for a later batch.

While a demand is waiting to be assigned to a batch, the claimant may withdraw it and bring that claim individually in court under Section 15, or in small claims court under Section 14.5. The Company will not seek to compel arbitration of a claim withdrawn under this paragraph and will not treat the withdrawal as a waiver of any claim.

Nothing in this Section increases what a consumer pays under Section 14.4, reduces any protection of the JAMS Consumer Arbitration Minimum Standards, or delays the Company's obligation to pay the fees allocated to it. This Section 14.11 is severable under Section 14.10 and is not a condition of Section 14.2: if it is found unenforceable, it is severed and the rest of Section 14 continues to apply in full.

15.1 Governing Law

This Agreement, and any dispute arising out of it or out of your use of the Service, is governed by the laws of the State of Wyoming, without regard to its conflict of laws rules. Section 15.3 limits that choice for consumers.

Prosei AI LLC is a limited liability company organized under the laws of the State of Wyoming, with its address of record at 1309 Coffeen Ave STE 18418, Sheridan, WY 82801.

The Federal Arbitration Act, 9 U.S.C. sections 1 through 16, governs the interpretation and enforcement of Section 14, including whether a dispute must be arbitrated. Wyoming law governs everything else, subject to Section 15.3.

15.2 Forum for Claims Not Subject to Arbitration

This Section applies to any claim that Section 14 does not send to arbitration, to any claim brought by a user who has opted out under Section 14.6, and to any proceeding to compel arbitration or to confirm, vacate, modify, or enforce an award.

If you are a consumer, an individual, or a sole proprietor, you may bring such a claim in the state courts located in Sheridan County, Wyoming, in the United States District Court for the District of Wyoming, or in the courts of the county or equivalent local area where you live. The Company may bring such a claim in any court having jurisdiction over you. Section 14.5 lets you bring an individual small claims action where you live, and nothing here changes that.

For every other user, the state courts located in Sheridan County, Wyoming, and the United States District Court for the District of Wyoming have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there and waives any objection based on inconvenient forum.

15.3 Mandatory Local Consumer Law

If you are a consumer, wherever resident, the choice of Wyoming law in Section 15.1 and the choice of forum in Section 15.2 do not deprive you of the protection of any provision of the law of the country, province, state, or territory where you habitually reside that cannot be varied by agreement. Where such a provision gives you a right that Wyoming law would not, or reserves a forum that Section 15.2 would not, that provision and the forum it provides control for the affected dispute.

Where the mandatory law of a consumer's place of habitual residence reserves proceedings against that consumer to the courts of that country, province, or territory, the Company will bring proceedings against that consumer only in those courts. This applies to the extent that law so requires and no further.

This Section displaces Sections 15.1 and 15.2 only so far as mandatory local law requires, and only for the affected dispute. Wyoming law and the Wyoming forum continue to apply to every other dispute and to every other user.

16.1 Entire Agreement

This Agreement, the Privacy Policy, and any additional terms the Service presents to you for a specific feature (such as a filing order confirmation), which are part of this Agreement, constitute the entire understanding between you and the Company regarding the Service. Where you and the Company have also executed a Data Processing Agreement, that document governs the processing of Customer Data as defined in it, except where that document, the Standard Contractual Clauses it incorporates, or applicable data protection laws provide otherwise.

16.2 Severability and Savings

If any provision of this Agreement is found invalid or unenforceable, it will first be limited or reformed to the minimum extent necessary to make it enforceable, and severed only if it cannot be. The remainder of this Agreement remains in effect. A holding that a provision is unenforceable as to one claim, one user, or one jurisdiction does not make it unenforceable as to any other claim, user, or jurisdiction. Section 14.7 is excluded from this Section to the extent Section 14.7 provides otherwise.

If Section 15.1 or Section 15.2 is held unenforceable, the remainder of this Agreement, including Section 14, continues to apply, and the affected dispute proceeds under the law and in the forum a court determines to be applicable.

16.3 No Waiver

Failure to enforce any provision is not a waiver of it or of any other provision.

16.4 Assignment

You may not assign this Agreement. The Company may assign it in connection with a merger, acquisition, or sale of assets, on notice to you.

16.5 Force Majeure

Neither party is liable for a failure to perform caused by events beyond its reasonable control. This does not excuse your obligation to pay fees already due.

16.6 Third-Party Beneficiaries

This Agreement creates no rights in any person other than you and the Company, except that the Company's affiliates, officers, employees, and agents may enforce Sections 10 and 11. A person who is not a party has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

16.7 Notices

The Company sends notices to the email address on your account or displays them within the Service. You send notices to the Company at the addresses in Section 17, or as Sections 14.1 and 14.6 provide for a Notice of Dispute or an opt-out. It is your responsibility to keep the email address on your account current.

16.8 Electronic Communications and Signatures

You consent to receive communications from the Company electronically, and agree that electronic acceptance of these Terms has the same effect as a written signature. The Company records the date on which you accepted these Terms.

16.9 Survival

The MANDATORY LEGAL DISCLAIMER at the top of these Terms, Sections 2.2, 5.1, 5.2, 5.5, 5.6, 6, 8.3, 9, 10, 11, 12, 13.3, 14, 15, and this Section 16, and Sections 7 and 7.3 as to amounts already accrued, survive termination of this Agreement and of your account.

16.10 Relationship of the Parties

You and the Company are independent contracting parties. Nothing in this Agreement creates an agency, partnership, joint venture, employment, or fiduciary relationship between you and the Company, and neither party has authority to bind the other.

16.11 Interpretation

Headings are for convenience only and do not affect interpretation. "Including" means including without limitation. Where a provision of this Agreement can be read in a way that is lawful and enforceable and in a way that is not, it is to be read in the way that is lawful and enforceable. These Terms are written in English, and any translation is provided for convenience only; the English text controls.